Diplomatic Affairs and International Law, 1913

1914 ◽  
Vol 8 (1) ◽  
pp. 25-49
Author(s):  
Alfred L. P. Dennis
Keyword(s):  
International Relations ◽  
International Law ◽  
International Cooperation ◽  
Economic Loss ◽  
Panama Canal ◽  
Military Operations ◽  
Political Leaders ◽  
The Past ◽  
True Value

War has marked the year 1913; and charges and countercharges as to alleged atrocities by belligerents have been rife. Treaties were drawn to be promptly torn up; and solemn declarations of intention and policy often proved futile. The existence of internal disorder and the outbreak of domestic revolutions in several countries have also exerted disturbing influences on international relations. The result was economic loss and diplomatic tension even well beyond the field of military operations. And these conditions have led to renewed activity in the struggle for concessions and investment in renascent communities. Racial and religious sentiments have also aroused bitter feeling; while political leaders in several countries compel renewed consideration of the weight of individuals in the determination of the world's affairs.In large part the problems of 1913 were historic; but in part they were affected by apparently impending changes which we cannot as yet define. Thus the influence of socialism and of various forms of radical thought on international relations is a factor. The adoption of oil as a naval fuel, the opening of the Panama Canal, the plans for administrative reorganization of Turkey, and its capitalistic development, the renewed debate as to the Monroe doctrine, and the problem of China are all matters whose future significance scarcely concern us here; but their influence in the past year has been unquestionably great. We cannot estimate as yet the true value of many recommendations touching various fields of international coöperation; and the value of delay in international action still remains in dispute. So on the whole the year 1913 has apparently been the year of the cynic.

International Cooperation Theory and International Institutions

2010 ◽  
Author(s):  
Xinyuan Dai ◽  
Duncan Snidal ◽  
Michael Sampson
Keyword(s):  
International Relations ◽  
Rational Choice ◽  
International Cooperation ◽  
21St Century ◽  
International Institutions ◽  
Future Research ◽  
The Past ◽  
Game Theoretic

The study of international cooperation has emerged and evolved over the past few decades as a cornerstone of international relations research. The strategy here for reviewing such a large literature is to focus primarily on the rational choice and game theoretic approaches that instigated it and have subsequently guided its advance. Without these theoretical efforts, the study of international cooperation could not have made nearly as much progress—and it certainly would not have taken the form it does in the 21st century. Through this lens, we can identify major themes in this literature and highlight key challenges for future research

ENGAGING WITH INTERNATIONAL LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 505-519
Author(s):  
Abdulqawi Ahmed Yusuf
Keyword(s):  
International Relations ◽  
International Law ◽  
Self Determination ◽  
Past Century ◽  
Common Language ◽  
Privacy Rights ◽  
The Past ◽  
International Obligations ◽  
Multilateral System ◽  
Positive Evolution

AbstractThis article considers the positive evolution of international law in the past century, and the emergence of a rules-based multilateral system under the UN Charter, which has, inter alia, enabled formerly colonised peoples to exercise their right to self-determination and prohibited the use of force in international relations. The author reaffirms his faith in the ability of international law to provide a common language for the international community to face successfully common challenges, such as poverty, global warming, and the protection of privacy rights in the era of social media and artificial intelligence. Looking beyond traditional beneficiaries and duty-bearers of international obligations, the author makes a case for all actors to engage in respecting, upholding and promoting international law.

Preventive War Critically Considered

1951 ◽  
Vol 45 (1) ◽  
pp. 142-145 ◽  
Author(s):  
Pitman B. Potter
Keyword(s):  
International Relations ◽  
International Law ◽  
International Affairs ◽  
Preventive War ◽  
The Past ◽  
Peace And Justice ◽  
The Law ◽  
Law And Justice ◽  
American Society

Members of the American Society of International Law are by inference charged by the Constitution of their Society with doing all that is possible to promote the study and development of international law and the conduct of international affairs on the basis of law and justice. For this purpose it is not sufficient to study and advocate the development of the law itself or for its own sake. Much attention must be given, certainly much more than has been given in the past, to the second section of the mandate, partly because of its own importance and partly to provide the kind of international situation where the law can thrive and be effective— which in turn is calculated to promote peace and justice. Friends of international law cannot afford to evade even the most difficult and delicate issues in the field of international relations on the ground that they are purely political in character.

International Politics of Exception: Competing Visions of International Political Order between Law and Politics

2006 ◽  
Vol 31 (2) ◽  
pp. 135-165 ◽  
Author(s):  
Jef Huysmans
Keyword(s):  
International Relations ◽  
International Law ◽  
International Politics ◽  
Focal Point ◽  
Legal Reasoning ◽  
Radical Change ◽  
Political Order ◽  
Political Leaders ◽  
Law And Politics

Both political leaders and academics often claim exceptional times. But what does it mean to speak of exceptional politics in international relations? In one sense exceptionality is a descriptive category referring to a radical change in the systemic conditions of international politics. In this article a different notion of exception is examined. It refers to a particular method of conceptualizing the nature of international political order. The exception defines political order by means of constitutional-legal reasoning in which different understandings of the nature and status of international law and its political transgressions describe competing visions of international political order. The focal point of this international politics of exception is not the traditional distinction between liberal and realist views of international politics but the constitutionalist triad of normativism, decisionism, and institutionalism.

scholarly journals Origin, establishment and development of the idea of self-determination of peoples

2021 ◽  
pp. 60-73
Author(s):  
Azer Kagraman Ogly Kagramanov
Keyword(s):  
International Relations ◽  
International Law ◽  
Self Determination ◽  
Modern World ◽  
Territorial Integrity ◽  
The World ◽  
The Status ◽  
The Subject ◽  
The Right

The subject of this research is the examination of evolution of the idea of self-determination of peoples based on the fundamental works of the Russian and foreign scholars, thinkers of the antiquity and modernity. The author considers the transformations experienced by the principle of self-determination at various historical stages of development; as well as builds a corresponding systems of the development cycles. The conclusion is made that after conception of the idea of self-determination, the colonial powers viewed this concept as ethical, seeing the threat to legitimacy of the established order. Therefore, throughout almost a century, the leading countries refused to include this right into the corresponding international and domestic documents. The main conclusions are as follows: after consolidation of the principle in the Charter of the United Nations, it became the foundation for the emergence of news states and destruction of the colonial world; the principle served as a leitmotif for the development of human rights and international relations, but at the same time became a threat and challenge to the territorial integrity; wars between the countries are replaced with the civil and interethnic conflicts; the world is captured with such phenomena as state nationalism that subsequently grew into extremely radical forms, such as fascism and Nazism; the modern international law actively promotes the two competing principles – territorial integrity and self-determination; in modern world, the right to self-determination is not limited by peoples under the colonial past – there occur new forms of self-determination that threaten the existence of sovereign states. Uncertainty of the status of the newly emerged states formations serves as the source of domestic and international tension, which inevitably leads to intergovernmental clashes and negatively impacts geopolitical situation in separate regions and in the world as a whole.

scholarly journals The Binding Force of International Legal Standards in the Face of the Recurrent Practice of Soft Law

2017 ◽  
Vol 7 ◽  
pp. 79-91
Author(s):  
Diallo Boubacar Sidi
Keyword(s):  
International Relations ◽  
International Law ◽  
International Cooperation ◽  
Rule Of Law ◽  
International Organizations ◽  
Soft Law ◽  
The Rule Of Law ◽  
Legal Standards ◽  
Binding Force ◽  
The Face

Soft law facilitates cooperation between international actors. Already, the elaboration of international law is a matter of shared competence between States, traditionally recognized as the only subjects of international law, international organizations and the typical actors. International organizations have initiated a movement towards the adoption of flexible forms of regulation of international relations. They will profoundly change the way in which international law will be created and presented to the recipients of the rule of law. From the very beginning of their activities, organizations preferred a method other than hierarchical command to encourage international cooperation. They will develop a consistent legal technique, aimed at persuading and not compelling their Member States to adopt conduct consistent with the legally binding standard. This article proposes a reflection on soft law and the results of its increasing use in international practices.

The Progressive Codification of International Law

1926 ◽  
Vol 20 (4) ◽  
pp. 655-669
Author(s):  
Manley O. Hudson
Keyword(s):  
International Relations ◽  
International Law ◽  
World War ◽  
Human Race ◽  
The Past ◽  
The People ◽  
Law Of Nations ◽  
The Common ◽  
Systematic Development ◽  
The Law

It was inevitable that the end of the World War should be followed by a revival of interest in the systematic development of the law of nations. Such a result was foreseen by W. E. Hall as long ago as 1890, but the extent of the revival and its consequences were pictured by him in terms altogether too sanguine. Many of the people who have expected the experience of the war to be capitalized in an immediate clarification of the laws of war must have been greatly disappointed by the events of the past years. A struggle which aroused so many passions, which divided a large part of the human race into hostile camps, could not possibly have produced the conditions necessary for building a new law which would embody the common views of people in many countries; but perhaps it did serve to direct attention to the lawless character of international relations in certain fields, and thus gave to politicians and lawyers opportunity for extending and improving the law governing such relations. If there has not been a general unanimity of opinion as to the method to be followed and the direction to be taken, the opportunity has not been neglected, and currents are now under way and agencies have been created which promise a continued if not a consistent progress for the future.

Seeing Double

2009 ◽  
Vol 61 (2) ◽  
pp. 360-401 ◽  
Author(s):  
Emilie M. Hafner-Burton ◽  
James Ron
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Political Leaders ◽  
International Policy ◽  
Multimethod Research ◽  
The Past ◽  
State Agents ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Policy Arenas

Over the past two decades, human rights language has spread like wildfire across international policy arenas. The activists who sparked this fire are engaged in two different campaigns. The first is comparatively modest, involving the persuasion of tens of thousands of global elites such as journalists, UN officials, donors, and national political leaders. The second is broader and more complex: to have a real impact on the behavior of tens of millions of state agents worldwide. While most international relations scholars agree that the first campaign has made real gains, opinions are split on the success—past, present, and future—of the second. In part, these divisions fall along methodological lines. With some exceptions, qualitative scholars working in the empirical international relations tradition express more optimism than their quantitative counterparts, whose contributions to the subfield are relatively new. This article reviews several new books on human rights and shows how their insights engage with these ongoing methodological debates. The authors argue that both qualitative and quantitative approaches offer important strengths and that neither has a monopoly on truth. Still, the human rights discourse may be thriving, at least in part, for reasons unrelated to impact. The authors conclude with suggestions for a more systematic and multimethod research, along with a plea for scholarly attention to the potential downsides of international human rights promotion.

The Law of International Organizations: A Subject which needs Exploration and Analysis

2004 ◽  
Vol 1 (1) ◽  
pp. 9-21
Author(s):  
Keyword(s):  
International Relations ◽  
International Law ◽  
20Th Century ◽  
International Organizations ◽  
Directed Attention ◽  
The Past ◽  
Specific Category ◽  
The World ◽  
The Subject ◽  
The Law

AbstractThe law of international organizations, including the institutional law, has been somewhat neglected in the past, even though, or perhaps because, international organizations are creations largely of the 20th century. In my treatise on Principles of the Institutional Law of International Organizations, first published in late 1996 and going now, at the request of the publisher, into a second edition, I directed attention, perhaps in a seminal way, to this institutional law, its importance and its qualification to be considered a specific category not only of general international law but also of international organizational law. In my view there is ample room for further thorough study of various aspects particularly of this law without neglecting the functional international law of international organizations. Apart from principle, their application or non-application in practice may usefully be studied. This by itself justifies a law journal devoted to the subject of international organizational law in general. Moreover, the justification is further reinforced by the fact that now international organizations have become a feature of everyday life in the world. Here, at the risk of repeating what I have said in my book referred to above, because such repetition can only emphasize the importance of the subject matter, I shall concentrate on four aspects which are relevant to international organizational law, to its importance as a part of international law and to its influence on international relations: (i) the pervasiveness of international organizations; (ii) the concept of international institutional law; (iii) its nature; and (iv) its sources.

scholarly journals International community in search of legal answers to the digitalisation challenges

2021 ◽  
Vol 118 ◽  
pp. 02010
Author(s):  
Anatoly Yakovlevich Kapustin ◽  
Sayana Bairovna Balkhaeva ◽  
Andrey Evgenievich Pomazansky ◽  
Azamat Tynyshtykbaevich Aldabergenov
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Organisations ◽  
International Consensus ◽  
Scientific Methods ◽  
Global Problems ◽  
General Scientific

The purpose of the study is to analyse the regulatory potential of international law taking into account its main focus for the regulation of new relations associated with digitalisation processes. The research methodology consisted of formal-legal, formal-logical, interpretation of law as well as general-scientific methods. The research resulted in the solution of problems involving the determination of the key areas of international cooperation in respect of those issues in which the need for international legal regulation has already most clearly manifested so far. The authors attributed to them the international cooperation under the auspices of international organisations, primarily the United Nations, monitoring compliance with international law and preventing its possible violations, solving global problems such as climate change, sustainable development, migration, terrorism and armed conflicts. The novelty of the research lies in the very formulation of the problem as well as the conclusion that international legal regulation in the field of digitalisation should be based on international consensus. At the same time, it is possible to reach such a consensus both within the framework of existing international organisations, which can be adapted to address new issues due to their universality, and through the development of new international agreements.

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